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Frustrated and Scared - Complicated Failure to Yield Accident

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ImSkrewd

Junior Member
What is the name of your state (only U.S. law)? California

In March 2008 my daughter got into an accident due to failure to yield.
She was making a left turn into kinko's parking lot from the median lane when it happened.
She said she went in because the cars on the two lanes by the median stopped to give her way as the traffic was a little heavy at that time. While she was going in, a car on the furthest lane from median (lane 3) did not see her and hit her at a speed of 25~30 mph, per police report.

Apparently, the passenger of that car did not wear a seat belt, so she hit her head and cracked the windshield. Paramedics came and checked, but she was released.

Little did I know that the insurance expired a few weeks before the incident.
Their reason for not renewing it was because they said I was missing some paperwork, which I never got.
Per their record, they sent a form I should've filled out and signed, but I never knew of anything of it.

I co-singed the car loan for her.

Now, the guy that hit her car went to his insurance, and his insurance told me I should pay $1300 for the estimated property damage. It was minor damage. I could pay for his repair, although I'm gonna argue that some were not caused by the accident (his damages was located on places that do not match my daughter's car damages). I will attach some pics later.

However, last week the insurance said there may be more injury claim, but they do not know how much, yet.

I feel horrible because my daughter's licensed been suspended b/c of this, and she's been depressed. She is afraid that the guy's insurance is gonna sue her lotttsss of money. She just graduated college June '08, and doesn't have any asset. She barely started working August '08 (two months ago).

I blame myself for not keeping up with insurance requests, but at the same time I didn't get those forms.

Some questions I hope someone could answer:
1. What should I do? I am confused, feel terrible and frustrated...
2. How do we find how much personal injury is the insurance going to charge her?
3. How do we know they're not made up?
4. Is it considered 50/50 at fault, since it's a contributory negligence on that passenger's part for not wearing a seat belt?
5. Would getting a traffic data from the city that proofs the statistical average speed was actually slower than police report helps? I'm thinking the lower the speed, the smaller the impact, and the less injury there should be.

Many thanks in advance...
 
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REclaims

Junior Member
Well, this only seems complicated, because you have no prior experience with this specific situation. I"m going to try to answer your questions in the order they appeared, except for the first question. Regarding that, I can only tell you to find some way to minimize the worry and fear. That solution is usually different for different people.

First, I want to point out that if a RF passenger in the other driver's vehicle cracked her head on the windshield, this man was traveling at a rate of speed far greater than 25-30 mph. Additionally, if she chose to not wear a seatbelt, you have an issue of 'assumption of risk'. A similar example would be if I were to get into a friend's vehicle, knowing that he was intoxicated, then I have 'assumed the risk' of a potential accident. Common sense dictates that my chance of injury is greater if the driver is intoxicated. Common sense dictates that if I'm riding in a motor vehicle, subject to the driving of others that are on the road, I am at a far greater risk by riding in a vehicle without a seat belt, no matter who is driving, and no matter the distance. This woman would have a difficult time defending any case or claim she might wish to bring against you.

2. and 3. I am guessing you mean how much HIS insurance will 'charge' her/you for their personal injuries? If they have not paid out any monies for medical care, they can charge you nothing. In order to pay for medical treatment for the driver or the passenger, either PIP or MedPay must be in place on HIS policy. They will 'subrogate' against you, simply meaning they will turn to you to be reimbursed. ASK FOR A FULL ACCOUNTING OF ALL MEDICAL BILLS. Don't accept a mere list of charges. If they are asking you to pay, they are obligated to show you what you are paying for. If you need help deciphering the charges and the coding, find someone who can help you with those. ALWAYS BEAR IN MIND THAT THE AMOUNT CHARGED FOR MEDICAL SERVICES IS VERY VERY RARELY THE AMOUNT THAT WILL ACTUALLY BE REIMBURSED TO THE MEDICAL PROVIDER. Ask for medical records to support the bills. Again, if you are being asked to pay the bills, you have the right to know what you are paying for. The claimants will balk at this, particularly because you are not in a professional position as you handle your own case, but rather, a layperson. But continue to deny any payments for medical services until you have FULL acccounting of what you are being asked to pay for.

4. California does not adhere to the principle of 'contributory negligence'; instead it recognizes 'pure comparative negligence. In other states, 'modified comparative negligence' applies, allowing - depending on the state - the doctrine that either 50% negligence bars recovery or 51% negligence bars recovery. However, in a 'pure comparative' state, recovery is not barred at any percentage. If I am 5% at fault, I pay 5% of your damages; you pay 95% of mine, etc. However, in your case, if this party is insured, you will need to negotiate the rates of neglignece with the other party's carrier. If he is not insured, you will have to negotiate it directly with him.

5. No, No, No, No, and NO! These are very complicated documents and are very difficult to decipher. They are rarely, rarely used, and are usually not used unless there is a fatality. Even then, they are not heavily relied upon for purposes of establishing liablity. The process to secure such documents are complicated in themselves, and are not likely to reap much benefit, particularly in a case such as this.
I hope this has helped.
 

ecmst12

Senior Member
Someone in the closer lane waving you on does not remove your responsibility to check for traffic in the further lane before proceeding with your turn. She is 100% at fault. And not wearing a seat belt will not mitigate your and her responsibility for the other party's injuries. Yes, since you are the co-owner of the car, you can ALSO be sued for this, and you will be. If/when you are sued, hire a lawyer. That is the only way to protect yourself.
 

ImSkrewd

Junior Member
Thank you REclaim. Very helpful, indeed.

How would "assumption of risk" relate to comparative negligence in this case (that she wasn't wearing seat belt and hit her head on the windshield)?

They will 'subrogate' against you, simply meaning they will turn to you to be reimbursed.
They did subrogate against me for the property damages. However, they only stated that the charges are 'estimates'. Additionally, some of the damages do not look like they've been caused by the accident, due to the fact the places are way off.
How should I go about this?

ALWAYS BEAR IN MIND THAT THE AMOUNT CHARGED FOR MEDICAL SERVICES IS VERY VERY RARELY THE AMOUNT THAT WILL ACTUALLY BE REIMBURSED TO THE MEDICAL PROVIDER.
Does this mean the passenger will end up paying some of the medical bill because the insurance only partially reimburses the bill? Is this because of the 'comparative negligence' you mentioned? I'm not very clear on this.

The insurance expired 20 days before the accident without my knowing. Can anything be done (i.e. argue my case that I never received the paperwork I'm supposed to sign and that they should've followed up?)

Someone in the closer lane waving you on does not remove your responsibility to check for traffic in the further lane before proceeding with your turn. She is 100% at fault.
But what about this?
CVC 21801
(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle

Shouldn't the other driver yield the right-of-way if my daughter was already making a left turn?

yes, since you are the co-owner of the car, you can ALSO be sued for this, and you will be. If/when you are sued, hire a lawyer. That is the only way to protect yourself.
How can a lawyer protect us if you said my daughter is 100% at fault? Also, based on your experience, what and how much will the other party will sue me for?

Thanks again guys... your feedback has been very helpful...
 
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Zigner

Senior Member, Non-Attorney
But what about this?
CVC 21801
(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle

Shouldn't the other driver yield the right-of-way if my daughter was already making a left turn?
Your daughter was required to yield to the oncoming traffic. Improperly "taking" the right of way doesn't shift the responsibility for the accident.
 

Roo

Member
The insurance expired 20 days before the accident without my knowing. Can anything be done (i.e. argue my case that I never received the paperwork I'm supposed to sign and that they should've followed up?)
Based on previous posts here, I don't think there's anything you can do with this as it's your responsibility to ensure your coverage is current.
 

ecmst12

Senior Member
Where was the point of impact on your daughter's car?

A lawyer can defend you in the suit, make sure they submit all the right paperwork to prove their injuries, and negotiate with the injured party or her attorney so you don't end up having to pay more then you are legally responsible for.

I didn't see anything accurate or helpful in Reclaim's post, by the way. There is no 'assumption of risk' and no 'comparitive negligence' that can be applied just because she wasn't wearing her seat belt.
 

xylene

Senior Member
First, I want to point out that if a RF passenger in the other driver's vehicle cracked her head on the windshield, this man was traveling at a rate of speed far greater than 25-30 mph.
An unbelted passenger will smack the windshield from a good hard breaking at idling speed.

You don't know anything.
 

ImSkrewd

Junior Member
Where was the point of impact on your daughter's car?
Middle of passenger side of the car.

There is no 'assumption of risk' and no 'comparitive negligence' that can be applied just because she wasn't wearing her seat belt.
So daughter is at fault even though injuries were caused due to her not wearing seat belt?

The problem with hiring a lawyer is I don't know which one is credible and helpful.

After I found out that my insurance had expired, I went to a lawyer because I knew my daughter's license was gonna be suspended by the DMV.
Paid him $3k since he said he could do something about it, only to find the next week that there was actually nothing he could have done and I was amazed at his lies. So, how do I know which lawyer to hire?
 
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Zigner

Senior Member, Non-Attorney
So daughter is at fault even though injuries were caused due to her not wearing seat belt?
Yes, HOWEVER, the injured person will be barred from receiving payment for anything other than her actual expenses (ie: no "pain and suffering").
 

ecmst12

Senior Member
Your daughter (and you) is responsible for the injuries because they were caused by her failure to yield and turning in front of the other car, not because of the lack of seat belt. Regardless of the seat belt, she would not have been injured if not for the accident.

If you had insurance, your insurance might be able to argue 80-90% fault instead of 100% because of where the point of impact is, the other car had a chance to avoid the accident and did not. You do not have insurance, and you are not likely to be successful in arguing this yourself, so you need representation. You can contact your state bar association for a referral.
 

ImSkrewd

Junior Member
Yes, HOWEVER, the injured person will be barred from receiving payment for anything other than her actual expenses (ie: no "pain and suffering").
Is this statement true? In case the other party claims "pain and suffering", how is the injured person going to quantify the amount?
 

ecmst12

Senior Member
Reference for that Zig? The information we have at work says that no seatbelt is NOT a defense against liability for injuries in CA.
 

Zigner

Senior Member, Non-Attorney
Reference for that Zig? The information we have at work says that no seatbelt is NOT a defense against liability for injuries in CA.
No, the liability for the injuries themselves still remains. I am talking about the "non-economic damages" (ie: pain and suffering).

With that said, I may be wrong, as we're talking about the PASSENGER, not the DRIVER. Our OP should definitely consult with an attorney
 

ImSkrewd

Junior Member
They will 'subrogate' against you, simply meaning they will turn to you to be reimbursed.
Something else came up on my mind. The other party's insurance sent me an estimate on property damages that I need to pay. What should I do as this is an estimate and no repair has been done on the car.
 

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